Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 543

Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 543

An examinee ordered to sign the transcript of an examination is not entitled to copies of documents referred to in the examination as a precondition; the examinee may inspect such documents at the court registry. The transcript is to record what was actually said, and any uncertainty can be noted in the transcript margin. Access to such documents is by inspection rather than by provision of copies, and the Court dismissed the examinee's motion for copies while allowing time for inspection before signing.

Jurisdiction
Australia
Judgment Date
22 April 2008
Procedural Posture
Corporations Law Motion / Post Examination, Interlocutory Motions Regarding Examination Transcript and Document Access
Outcome
Examinee's motion dismissed; plaintiff's motion allowed with condition; examinee to pay costs.
Legal Topics
['examination of Examinee' 'access to Examination Records' 'signing of Transcript' "interpretation of 'written Record'"]
['corporations Law' 'insolvency'] ['examination of Examinee' 'access to Examination Records' 'signing of Transcript' "interpretation of 'written Record'"]

Case Brief

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Procedural Posture

Corporations Law Motion / Post Examination, Interlocutory Motions Regarding Examination Transcript and Document Access

Legal Issues

  1. 1 ['Whether the examinee may require copies of documents referred to in examination before signing transcript' "Whether documents referred to during examination form part of the 'written record' under s 597 of the Corporations Act 2001 (Cth)" 'Whether a direction about access to examination records should be made under s 596F(1)(e)']

Ratio Decidendi

An examinee ordered to sign the transcript of an examination is not entitled to copies of documents referred to in the examination as a precondition; the examinee may inspect such documents at the court registry. The transcript is to record what was actually said, and any uncertainty can be noted in the transcript margin. Access to such documents is by inspection rather than by provision of copies, and the Court dismissed the examinee's motion for copies while allowing time for inspection before signing.

Court Disposition

Examinee's motion dismissed; plaintiff's motion allowed with condition; examinee to pay costs.

Orders

  • ["The examinee's motion pursuant to s 596 and s 597 of the Corporations Act 2001 (Cth) be dismissed." "The plaintiff's motion be allowed save that the transcript is to be signed by 16 May 2008." "The examinee to pay the plaintiff's costs to be taxed, if not agreed."]